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protection of your army until the return of peace, so far as may be consistent with your military plans of operation. When peace is made, they may decide for themselves their own form of government. In such departments as may be conquered, or assume a neutral attitude, you may, at your discretion, qbserve the same course of conduct as that presented in the instructions given to General Kearny by the department on the 3d day of June, 1846. A copy of the instructions to General Kearny is herewith transmitted to you.

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I have the honor to be, very respectfully, your obedient servant, W. L. MARCY.

No. 3.

Letter of the Secretary of War to General Taylor.

WAR DEPARTMENT, Washington, July 6, 1848.

SIR: I have the honor to enclose you a circular of the Secretary of the Treasury, relative to the commerce and trade with Matamoras, and such other places in Mexico as may be in the actual occupancy or under the control of the American forces. I believe the circular contains all the instruction you may need for the guidance of your conduct. Should there be other points not embraced in it, they will receive prompt attention when brought to the notice of this department.

I am, with great respect, your obedient servant,

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W. L. MARCY,
Secretary of War.

No. 4.

Circular to collectors and other officers of the customs.

TREASURY DEPARTMENT, June 30, 1846.

The circular of this department, of the 11th instant, contained the following paragraph:

"By the law of nations, as recognized by repeated decisions of our judicial tribunals, the existence of a state of war interdicts all trade or commerce between the citizens of the two nations engaged in the war. It consequently follows, that neither vessel nor merchandise of any description can be allowed to proceed from ports or places in the United States to ports or places in the territories of Mexico, with the exception of such ports or places in the latter country as may be at the time in the actual possession of the United States forces."

Matamoras is now in the actual possession of the forces of the United States, and perhaps other ports and places on the same side of the Rio Grande.

In case of the application of vessels for clearances for the port of Matamoras, you will issue them under the following circum

stances:

1st. To American vessels only.

2d. To such vessels carrying only articles of the growth, produce, or manufacture of the United States, or of imports from foreign countries to our own upon which the duties have been fully paid; and upon all such goods, whether of our own or of foreign countries, ne duties will be chargeable at the port of Matamoras, so long as it is in the possession of the forces of the United States.

In issuing this order, it is not intended to interfere with the authority of General Taylor to exclude such articles, including spiritous liquors or contraband of war, the introduction of which he may consider injurious to our military operations in Mexico.

Foreign imports which may be re-exported in our vessels to Matamoras will not be entitled to any drawback of duty; for, if this were permitted, they would be carried from that port into the United States, and thus evade the payment of all duties.

Whenever any other port or place upon the Mexican side of the Rio Grande shall have passed into the actual possession of the forces of the United States, such ports and places will be subject to all the above instructions which are applicable to the port of Matamoras.

R. J. WALKER, Secretary of the Treasury.

No. 5.

Letter of the Secretary of War to Colonel Stevenson.

WAR DEPARTMENT, September 11, 1846. SIR: The transports having on board the regiment under your command are destined to the Pacific, and will repair to our naval squadron now on the coast of California. Instructions, with a copy of which you are herewith furnished, have been given to the naval commander on the station in regard to his operations, and you are directed to co-operate with him in carrying out his plans, so far as the land forces may be needed for that purpose. Without underdertaking to give specific instructions as to the movements of our forces in that quarter-for much must be left to the judgment of the commanding officers-it is proper to state that the military occupation of California is the main object in view. There are three points deemed to be worthy of particular attention. These are San Francisco, Monterey, and San Diego. It is important to have possession of the bay of San Francisco, and the country in that vicin

ity. The necessity of having something like a permanent and secure position on the coast of California, and probably at this place, will not be overlooked. Assuming that such a position will be found and selected in the bay of San Francisco, it is expected that a fortification, such as the means at your command may enable you to construct, will be erected, and that the heavy guns heretofore sent out, and those taken by the transports, to the extent needed, will be used for its armament. This work should be designed for a two-fold object-the protection of the vessels in the bay, and the security of the land forces. The selection of the site will be an important matter. It should be preceded by a careful examination of the place with reference to both objects, and the location made under the advice and direction of the commanding naval officer. It may, however, be that your first debarkation will not be at this point. The circumstances which may be found to exist on your arrival in that region must control in this matter.

It is probable that Monterey will have been taken by our naval force before the land troops reach that coast, and they may be needed to hold possession of it. This place is also secured by fortifications or temporary works from an attack either by sea or land. Judging from the information we have here of what will be the state of things on your arrival on the coast of California, it is concluded that these will be found to be the important points, and the possession of them essential to the objects in view in prosecuting the war in that quarter; but the particular mention of them is by no means intended as instructions to confine our military operations to them. As to the third place suggested, San Diego, less is known. of it than the other two. Should the naval commander determine to take and hold possession of it, and need the land force, or a part of it, for that purpose, you will, of course, yield to his views in that respect. Whatever is done upon the coast of California, or of any other part of Mexico, will require, it is presumed, the co-operation of the land and naval forces, and it is not doubted that this co-operation will be cordially rendered.

The point, or points, of debarkation of the regiment under your command should be settled as speedily as practicable after your arrival upon the Mexican coast, and the transports discharged. The land forces will thereafter be attended with the vessels of the squadron. The ordnance, ammunition, arms, and all descriptions of public property which are not required on shore, or cannot be safely deposited there, will be transferred to the public ships. Upon them the land forces must rely for bringing supplies where water transportation is necessary. If the exigency of the service requires these forces to remove from one place to another on the coast, the public vessels will furnish the means of doing so.

The regiment under your command, as well as the company of Captain Tompkins, which has preceded it, is a part of General Kearny's command; but it may be that he will not be in a situation to reach you, by his orders, immediately on your debarkation. Until that is the case, yours will be an independent command, except when engaged in joint operations with the naval force.

It is not expected that you will be able to advance far into the country; nor is it advisable for you to undertake any hazardous enterprises. Until you shall fall under the command of General Kearny, your force will be mostly, if not wholly, employed in seizing and holding important possessions on the sea coast.

The government here have received information which is deemed to be reliable, though not official, that our squadron in the Pacific had taken possession of Monterey as early as the 6th of July last. There is reason to believe that California is not favorably disposed to the central government of Mexico, and will not be disposed to make a vigorous resistance to our operations in that quarter. Should you find such to be the state of things there, it will be of the greatest importance that the good will of the people towards the United States should be cultivated. This is to be done by liberal and kind treatment. They should be made to feel that we come as deliverers. Their rights of person, property, and religion, must be respected and sustained. The greatest care must be taken to restrain the troops from all acts of license or outrage; the supplies drawn from the country must be paid for at fair prices; and, as far as practicable, friendly relations should be established. In the event of hostile resistance, your operations must be governed by circumstances; and you must use the means at your command to accomplish the objects in view-the military occupation of the country. It is not, however, expected that much can be done, if preparations have been made to resist, until the force under General Kearny shall have entered the country.

You are directed to embrace every opportunity to communicate with this department; and to furnish it with not only a full account of your movements and operations previous to your coming under the direct command of General Kearny, but with such other information as may be useful for the department to possess in regard to conducting the war in that quarter.

Your attention is particularly directed to that portion of the instructions to the commanding officer of the squadron in the Pacific, herewith, which has reference to the joint operation of the land and naval force, and you will conform your conduct thereto.

You are also furnished with an extract from instructions to General Kearny, giving directions for the course of conduct to be pursued while in the military occupation of any portion of the enemy's country; together with a copy of a letter to General Taylor, enclosing one from the Secretary of the Treasury in regard to commercial intercourse with such parts of the enemy's ports, &c., as may be in possession of our forces. These are to be regarded as instructions to you, should you find yourself placed in the circumstances therein contemplated. You will take the earliest opportunity to make the commanding officer of the squadron in the Pacific fully acquainted with your instructions, and the accompanying papers. Where a place is taken by the joint action of the naval and land force, the naval officer in command, if superior in rank to yourself, will be entitled to make arrangements for the civil government of it while it is held by the co-operation of both branches.

of the military force. All your powers, in this respect, will of course be devolved on General Kearny, whenever he shall arrive in California and assume the command of the volunteer regiment. As soon as practicable, you will furnish him with a copy of this communication, and the other papers herewith transmitted. Very respectfully, your obedient servant, W. L. MARCY,

Col. J. D. STEVENSON,

Secretary of War.

Commanding Regiment of Volunteers,
Governor's Island, harbor of New York.

No. 6.

Letter of the Secretary of War to General Kearny.

WAR DEPARTMENT, Washington, September 12, 1846.

SIR: A volunteer regiment raised in the State of New York, engaged to serve during the war with Mexico, and to be discharged wherever they may be at its termination, if in a territory of the United States, has been mustered into service, and is about to embark at the port of New York for California. This force is to be a part of your command; but, as it may reach the place of its destination before you are in a condition to subject it to your orders, the colonel of the regiment, J. D. Stevenson, has been furnished with instructions for his conduct in the mean time. I herewith send you a copy thereof, as well as a copy of the instructions of the Navy Department to the commander of the naval squadron in the Pacific; a copy of a letter to General Taylor, with a circular from the Treasury Department; a copy of a letter from General Scott to Captain Tompkins; and a copy of general regulations relative to the respective rank of naval and army officers. These, so far as applicable, will be looked upon in the light of instructions to yourself. The department is exceedingly desirous to be furnished by you with full information of your progress and proceedings, together with your opinion and views as to your movements into California, having reference as to time, route, &c. Beyond the regiment under the command of Colonel S. Price, and the separate battalion called for at the same time by the President from the governor of Missouri, a requisition for one regiment of infantry was issued on the 18th of July last; but the information subsequently received here induced the belief that it would not be needed; and the difficulty of passing it over the route at so late a period in the season, with the requisite quantity of supplies, &c., was deemed so great, that the orders to muster it into service have been countermanded. It will not be sent. It will not be sent. Your views as to the

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